In Re Term of Parental Rights as to H.B.
── In Re Term of Parental Rights as to H.B. ──
Court: Court of Appeals of Arizona
Date: May 26, 2026
Category: General
NOTICE: NOT FOR OFFICIAL PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
IN RE TERMINATION OF PARENTAL RIGHTS AS TO H.B.
No. 1 CA-JV 25-0180
FILED 05-26-2026
Appeal from the Superior Court in Maricopa County
No. JS520869
The Honorable David J. Palmer, Judge
AFFIRMED
COUNSEL
The Law Offices of Robert Casey, Phoenix
By Robert Ian Casey
Counsel for Appellant
Barreda Law, PLLC, Gilbert
By Bonnie Platter
Counsel for Appellee
Law Office of Joseph Ramiro-Shanahan PLLC, Scottsdale
By Jessica Elizabeth Strain
Counsel for Appellee Child, H.B.
IN RE TERM OF PARENTAL RIGHTS AS TO H.B.
Decision of the Court
MEMORANDUM DECISION
Judge D. Andrew Gaona delivered the decision of the Court, in which
Presiding Judge David B. Gass and Judge Anni Hill Foster joined.
G A O N A, Judge:
¶1 Cheyenne B. (“Mother”) appeals the juvenile court’s order
terminating her parental rights to H.B. Mother doesn’t challenge the
juvenile court’s legal conclusions that Kyle F. (“Father”) proved a statutory
ground for termination and that termination was in H.B.’s best interest. She
also doesn’t challenge the sufficiency of the evidence supporting those
findings. She argues only that we should reverse because the juvenile court:
(1) violated Arizona Rule of Procedure for the Juvenile Court 353 by not
”identif[ying] the ultimate facts supporting its legal conclusions”; and (2)
relied on an erroneous factual finding.
¶2 Neither argument convinces. The juvenile court’s order
contains sufficient factual findings to support the termination of Mother’s
parental rights. And although that order included one erroneous factual
finding, its inclusion was harmless. We affirm.
FACTS AND PROCEDURAL BACKGROUND
¶3 We view the facts in the light most favorable to upholding the
juvenile court’s order. See Brionna J. v. Dep’t of Child Safety, 255 Ariz. 471, 479
¶ 32 (2023).
¶4 Mother and Father are the biological parents of H.B., born in
2019. Mother is also the biological parent of H.B.’s sibling, born a few years
after H.B. (“Sibling”).
¶5 Sibling died in July 2023; the autopsy identified injuries to
Sibling’s head, torso, genitals, and abdomen. Maricopa County’s medical
examiner concluded a probable febrile seizure from respiratory viruses
caused Sibling’s death. Gilbert Police and the Arizona Department of Child
Safety (“DCS”) investigated, and Mother gave differing accounts to friends
and family about when and how Sibling died.
¶6 After taking emergency custody of H.B., Father filed a
petition seeking to terminate Mother’s parental rights to H.B. He alleged
2
IN RE TERM OF PARENTAL RIGHTS AS TO H.B.
Decision of the Court
that Mother: (1) neglected to protect H.B. and Sibling resulting in Sibling’s
death; (2) lacked capacity to protect H.B.; and (3) had a history of drug and
alcohol abuse.
¶7 The juvenile court held a contested termination hearing over
eight days. It heard testimony from law enforcement, Maricopa County’s
medical examiner, a private medical expert, Mother, Mother’s then-
boyfriend (now her husband) Bailey, and Father. The juvenile court also
admitted various exhibits, including the investigation reports completed by
Gilbert Police and DCS regarding Sibling’s death, and an expert witness
report on the cause of Sibling’s injuries and death.
¶8 After considering all the evidence, the juve
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}